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  1. #1
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    Would this violate a copyright?
    Had a question in regards to parody and copyright law.

    Lets say you are a fan of a popular manga, which a lot of people read online. Since it is made in Japan, you get versions that have been translated into english.

    Now, what if you made a parody of it. You took five chapters and basically removed the english text and put in your own words and story, making a fan parody. Other fans tell you they enjoy it and ask to link to it, etc.

    So, what if you think, "Hey! If I put this on a website with adwords, maybe I'd make a dollar or two a day!" would you be at risk of getting a letter from the copyright owner of the manga?

    You'd clearly say it is just a fan parody and the artwork is not your own creation. But you haven't changed any of the artwork, just the text.. so could that get you in trouble?

    LOL, thanks if anyone knows. I have no clue where to check if this would be bad to do. Made the parody over a year and a half ago though, haven't gotten any angry letters, but also haven't tried to make any money with it.

  2. #2
    Visual Artist & ABW Ambassador lostdeviant's Avatar
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    Did you change the images too? If not, I'd say you are breaking the copyright on them.

  3. #3
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    Some panels have some changes to the images, but for the most part, it is how the artist made them.

    So sounds like I should keep it as, "Look parody, haha funny," and not try to make anything off it. Thought so, but wanted to make sure.

    Thanks for the reply.

  4. #4
    http and a telephoto
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    The art is copyright protected, using it and modifying it are in violation. Best is to ask them if you *can* use it. Even if you aren't making money, you are using their artwork.
    Deborah Carney
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  5. #5
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    Newbie Wants Fair Use ? ...
    Dude


    Look up the USTPO terms for "Fair use". This will help you a great deal.

    Intellectual Property is protected in more than one form however, the main protection for it's registrars is financial gain. {This is one reason things like Linux and Natural Medicines are not popular, there's "No Money In It"...}

    As long as the items are for personal use or are being quoted in a blog and proper credit for the work is being given you should likely be OK. A small script under the Prior Art stating the Artist and the source {Source: Natalie Madison AP News: London} is often enough to alleviate those concerns.

    In all likely hood, unless you start getting like 250,000 uniques per day or you say something really embarrassing about me or my company, it is highly unlikely you will ever get told to take it down. Never sell the guys crap either. If you decide to monetise it, you could simply make money on the ads and provide the info/ content for free however you increase the possibility of getting sued. This might however also be a legal grey area if that occurs.

    My strong advice is to read the Fair Use Laws and try not to monetise the site or get a shit load of traffic. ~ Basically, don't advertise it. Let just your friends find it and that's about it.

    Also, you can read the GNU Licence. While this will vary greatly from the non GNU stuff cuz the stuff you are working with ain't free, this will give you a better understanding of the process.

    Also, as time allows you can make images/ text/ content that are made by you. This will also alleviate your concerns.

    Hope this helps !

    Steve
    DreamLinux.net | Registered Linux User 453976 | PM me to view our sites. It's a Google thing.

  6. #6
    ABW Ambassador Daniel M. Clark's Avatar
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    Let's not go with Steve's advice to try to circumvent the law and actually find out what the law is - because nobody here, and especially not Steve apparently, is a lawyer. In my experience with things like this at print-on-demand companies, though again, I'm not a lawyer, what you're doing is a big-time copyright violation and it does not fall under Fair Use. Fair Use is actually a very strictly defined set of conditions that most people don't understand - kinda like the First Amendment. People tend to have a very broad (and therefore wrong) interpretation of it. I strongly advise then, because there is now conflicting advice in this thread, that you contact an intellectual property attorney before you put that work online regardless of how much you advertise it because that doesn't matter one bit as to whether or not you're guilty of infringement .
    Daniel M. Clark
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  7. #7
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    Hmmm, thank you all for the further replies. Sounds like I shouldn't try to monetise it or make a website for it at all. Or it isn't worth finding out if I can. Right now it's just in photobucket, with links to it on a fan forum of the manga. Sounds like that might be violating the copy right too, but at least I'm gaining nothing besides making others laugh and what I did in no way takes sales away from the copy right holders. So not too bad? lol

    Thanks again.

  8. #8
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    Quote Originally Posted by Hardaka
    Hmmm, thank you all for the further replies. Sounds like I shouldn't try to monetise it or make a website for it at all. Or it isn't worth finding out if I can. Right now it's just in photobucket, with links to it on a fan forum of the manga. Sounds like that might be violating the copy right too, but at least I'm gaining nothing besides making others laugh and what I did in no way takes sales away from the copy right holders. So not too bad? lol

    Thanks again.
    If it is a fan thing you can always ask for permission to use it and to let them know it's up. If they come across it on their own they would be more likely to be upset about it being used. When you ask for permission they will be flattered and thankful that you didn't just "borrow" it.

    And Steve, in this case you have people in this thread that apparently know a bit more than you about protecting their art, and the Fair Use involved. Several of us are professional photographers and graphic artists and know our rights. If people did what you suggest is fair use, they would be sued by the people that own the copyrights. Giving out bad advice in cases such as this could get people hurt.
    Deborah Carney
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  9. #9
    Visual Artist & ABW Ambassador lostdeviant's Avatar
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    Since, you are using the original images with no or minor changes, you are breaking copyright. They'd either need to be changed enough so that they would be unrecognizable (ie as original as a parody) or better yet take Loxly's advice and get permission from the owner to use them on your site.

    Just because you aren't making money off of something doesn't mean you can use it without the owner's permission.

    Even makers of parodies get sued.

    Disclaimer - I'm not a lawyer. :-)

  10. #10
    http and a telephoto
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    Quote Originally Posted by lostdeviant

    Just because you aren't making money off of something doesn't mean you can use it without the owner's permission.
    Meant to add this to my post, thanks for saying it lostdeviant.
    Deborah Carney
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  11. #11
    Moderator MichaelColey's Avatar
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    Just a reminder that you should run any sort of legal questions past a lawyer. You'll get lots of opinions here, but most of them are worth what you pay for them (and some are worth far less).

    I think the general consensus is that this would violate the copyright.
    Michael Coley
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  12. #12
    ABW Ambassador Boom or Bust's Avatar
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    Also, some publishers go to great lengths to hunt out copyright infringement. Years ago we hosted a client's website. An article and picture was published in the news paper about the business so the client had us include it on their site. In a matter of months the client was contacted by the news paper saying that publication of the article/image on their site was copyright infringement. We were able to keep the article on as long as we included a credit with the image. So, the more visible your parody, the more likely you'll be contacted by the publisher. The first step is usually a cease and desist notice which is of little consequence as long as you comply.

    {Disclaimer} Also not a lawyer. Do not misconstrue this as legal advice...

  13. #13
    ABW Ambassador Daniel M. Clark's Avatar
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    Just to add to the issue of a cease & desist... they're not required. A copyright holder doesn't need to send one, they can begin with a lawsuit if they choose. C&Ds are common, yes... but it's a dangerous line to walk if you intentionally violate copyrights with the expectation that you will get away with it as long as you just respond to C&Ds. That's not a good expectation to have.

    This in no way should imply that anyone in this thread is intentionally doing that - just general info.
    Daniel M. Clark
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  14. #14
    Affiliate Manager Julia_Shoeboxed's Avatar
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    I would say, if you have to ask -- don't do it!

  15. #15
    ABW Ambassador Boom or Bust's Avatar
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    Quote Originally Posted by Julia_Shoeboxed
    I would say, if you have to ask -- don't do it!
    Good advice...

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